Dissertations & ThesesCopyright (c) 2016 Pace University All rights reserved.http://digitalcommons.pace.edu/lawdissertations
Recent documents in Dissertations & Thesesen-usWed, 22 Jun 2016 02:06:13 PDT3600Environmental Crimes and Imprisonment: Does Prison Work to Prevent and Punish Environmental Criminals?http://digitalcommons.pace.edu/lawdissertations/19
http://digitalcommons.pace.edu/lawdissertations/19Mon, 20 Jun 2016 09:48:43 PDT
Environmental degradation is a global problem. Humans need natural resources to survive and, as those resources are limited, humans’ use of these resources should respect a sustainable pace established by law. There are many approaches to addressing environmental degradation that do not honor the legal limitations and one of them is through criminal law. The question that is posed in this thesis is whether imprisonment, one of the most severe methods of punishment, is a suitable option to repress and prevent environmental crimes.

This thesis is divided in three chapters. The first chapter discusses why environmental crimes are relevant. It also explores why the conversation about imprisonment as a way of preventing and repressing those crimes is current and important. Through examples on illegal fishing, wildlife, and forest trade, chapter I demonstrates the harmful effects of environmental degradation – effects both in nature and throughout many levels of society (economy, health, governability, among others). The examples demonstrate why this topic should be addressed through criminal law, which allows the retribution and prevention of crime through one of the most serious means of punishment: imprisonment. However, particular examples from the United States of America and Brazil are presented to prove that imprisonment is not presently the norm when sentencing environmental crimes in both countries. As imprisonment was the option adopted by both countries to address another relevant and urgent challenge (drug crimes), the question posed is whether this option should also be used for environmental crimes. The urgency on preventing environmental degradation proves that the subject is current; the fact that imprisonment was used previously when a similar challenge faced the authorities, without a clear success, demonstrates that the discussion about its use in environmental crimes is imperative.

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Rafael WolffProtection of The Marine Environment Under International Law and Kuwaiti Criminal Lawhttp://digitalcommons.pace.edu/lawdissertations/18
http://digitalcommons.pace.edu/lawdissertations/18Mon, 09 May 2016 13:55:48 PDT
The marine environment has unique characteristics that distinguish it from other elements of nature. Since seas and oceans cover more than two-thirds of the earth, they play a vital role in achieving biological and climatic balance on the planet. The marine environment also plays an important role in human life, since it has plenty of nutritious and industrial resources that directly affect human welfare. It also contains huge amounts of oil and natural gas, which has played a role in the economic prosperity of the world. Moreover, seas are considered a source of freshwater through resorting to desalination of seawater in countries that suffer from a shortage of freshwater resources. In addition, the marine environment is considered an important source of food for human beings and other living organisms.

Kuwait's interest in protecting the marine environment started earlier than that of other Gulf States. In 1964, Kuwait enacted a law preventing pollution of navigable waters by oil. This law is deemed the first law to protect the marine environment from the negative effect arising from the activities of exploration, extraction, and exportation of oil, which began to increase in the 1950s. Moreover, Kuwait's efforts aimed to protect the environment were not limited to the issuance of environmental laws at the national level. In fact, Kuwait played a leading role at the regional level of marine environmental conservation, as well. In the 1960s, Kuwait urged and encouraged the states overlooking the Arabian Gulf to ratify a regional convention aimed at cooperating in the protection of the marine environment of the Arabian Gulf (later called The Kuwait Convention of 1978). The Kuwait Convention (1978) reflected awareness of the importance of co-operation and co-ordination of action on a regional basis with the aim to protect the marine environment of the region for the benefit of all concerned of its members. This convention was considered the first regional convention on the protection of the marine environment in the Middle East. It contained many important provisions for the protection of the marine environment applicable until now. Kuwait did not only execute the convention, but it continued its efforts to establish a regional organization consisting of the Kuwait convention members. The main duty of the organization is to ensure the valid execution of the provisions of the Kuwait Convention. This organization is located in the State of Kuwait and is named The Regional Organization for the Protection of the Marine Environment (ROPME).

Since 1979, and despite the political problems and wars that occurred among the members of the organization, ROPME succeeded in overcoming these obstacles. This success is attributed to the fact that the ROPME has focused its efforts on urging its members to work on combating environmental pollution, protecting the marine environment of the Arabian Gulf, and avoiding discussion of the political issues.

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Yousef H. AlmutairiPromoting Sustainable Development Through Environmental Law: Prospects for Saudi Arabiahttp://digitalcommons.pace.edu/lawdissertations/17
http://digitalcommons.pace.edu/lawdissertations/17Mon, 09 May 2016 13:45:35 PDT
The Kingdom of Saudi Arabia enjoys a rich cultural and natural heritage and has an advanced state of socio- economic development. It also suffers from a wide range of growing environmental problems such as securing its potable water supply, coping with solid and liquid waste, ensuring clean air or protecting the marine environment. It is the objective of sustainable development to ensure that further development in the Kingdom does not damage the public health of the people or the natural environment. The policies underlying sustainable development have developed internationally over the past four decades and are well explained in Agenda 21 (1992) restated in the Sustainable Development Goals (2014). One of the three pillars of sustainable development is protection of the environment. Islam provides a foundation for the Kingdom’s duty to protect the environment. The Kingdom of Saudi Arabia has enacted an ambitious body of environment law to support this pillar, but these laws are not yet effectively implemented. Its environment management systems are not protecting the environment, and measures are needed to strengthen environmental regulation. To do so, the Kingdom needs to provide education and training about environmental protection, to improve the administration of its environmental management, and to adopt and implement modern procedures that ensure compliance with – and enforcement – of the Kingdom’s environmental laws. Principally, the Kingdom needs to use an environmental management system (“EMS”) and to require wide use of the ISO 14000 standards and audits. And to employ the methodologies of the International Network on Environmental Compliance and Enforcement (“INECE”), it should also establish a committee on performance which would oversee compliance with and enforcement of environmental law. The Kingdom should be guided by the UN Sustainable Development Goals, and above all by its religious values, to establish an effective environmental law compliance and enforcement regime.
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Faisal K. AlturkiTowards International Criminalization of Transboundry Environmental Crimeshttp://digitalcommons.pace.edu/lawdissertations/16
http://digitalcommons.pace.edu/lawdissertations/16Wed, 30 Apr 2014 08:34:02 PDT
This dissertation puts forward the argument that violations of the International Covenant on Economic, Social and Cultural Rights should be penalized under a criminal body of international law. The theories brought forth under this proposal stems from the field of green criminology, which explores the criminal application of law in the context of environmental protection. The concept of crimes against future generations can be the crux of new law that can be used to criminalize conduct against the interest of future populations. In an effort to maintain sustainable development which centers on environmental protection, economic protection and social development, the principle of crimes against a generation can be built on the principle of basic normative ethics that teach us to care for ourselves and others.

The underlining proposal is to establish a new sovereign international court that has the ability to supersede domestic decisions and implement international principles for the execution and enforcement of environmental protection. This dissertation argues that it is acknowledged that domestic and international regulatory instruments are semi-effective. Currently, there exists a plethora of legal instruments on environmental protection. Although bodies of law exist, as well as courts to hear violations, the current ability to stop the very worst acts of environmental destruction is nonexistent. Gross acts by corporations continue as they are largely unsanctioned. To further elaborate on the gaps and solutions proposed, this dissertation shall delve into the existing international and national legal responses to gross environmental damage and the feasibility of a new area of criminal justice.

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Hamdan QudahThe Environmental Limitations to Property Rights in Brazil and the United States of Americahttp://digitalcommons.pace.edu/lawdissertations/15
http://digitalcommons.pace.edu/lawdissertations/15Thu, 09 Jan 2014 08:05:24 PST
This thesis aims to comparatively analyze the legislative evolution that environmental protection has experienced in the Brazilian versus the American legal systems and their relationship with property rights.

Demonstrably, Brazil’s concern with the environment actually came into focus in the 1980s and it therefore received treatment within the Federal Constitution of 1988, as a diffuse right, contributing to better, stronger environmental protection.

Similarly, the protection of the environment in the American Constitution and its statutes as well as their enforcement and interpretation within the legal system are explored.

Of concern is the notion that environmental protection and third-generation rights consequently imply limitations to the concept of property and its use, since in order to ensure a greater common good, a perceived burden must be imposed upon the property owner, thereby conflicting with keystone property rights.

Therefore, this thesis will discuss how environmental protection and property rights can coexist by establishing a comparison between the countries, evaluating the advantages and disadvantages of each system, and assessing how they can be improved to pursue a balance.

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Leonardo MunhozClimate Change: Human Rights in the Times of Climate Displacementhttp://digitalcommons.pace.edu/lawdissertations/14
http://digitalcommons.pace.edu/lawdissertations/14Thu, 05 Dec 2013 12:40:30 PST
The increasing numbers of climate migrants caution that the dilemma of climate refugees is a well-substantiated concern of today not tomorrow. In 2011 large-scale flooding and landslides affected more than one million people in the Philippines. More than twenty million people were displaced after massive floods in Pakistan in 2010. A significant number of future projections show that climate change will lead tens, and perhaps hundreds, of millions of people to leave their homes and in some cases their countries. The crisis of human displacement, which entails immediate actions, raised the questions of legal and moral obligations to protect the displaced. Persons suffering climate displacement face a loss of their rights and states must take actions to ensure that they do not violate human rights. Recently, states are more inclined towards sealing their borders to stop the migration influx. Walls are being built and shorelines are heavily guarded to ensure that no one can migrate. The magnitude of the coming crises of Climatees (climate change refugees and displacees) is huge. It eventually will call into question meaning of “Universal Declaration of Human Rights.” Climate change impacts pose a significant threat to many of broadly recognized rights contained in the Universal Declaration of Human Rights and other international instruments. This thesis concludes that current national and international laws are inadequate to cope with the dilemma of climatic displacement. Nations must work together to fill in all gaps in the international legal and policy frameworks to cope with the emerging dilemma of Climatees. “Sit and wait” approaches can be very costly in terms of human life and financial cost.
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Shakeel KazmiCarbon Forest Markets and the Brazilian Atlantic Rainforest: Can Market-Based Economic Incentives Save the Forest?http://digitalcommons.pace.edu/lawdissertations/13
http://digitalcommons.pace.edu/lawdissertations/13Thu, 05 Dec 2013 12:35:43 PST
This study is divided into six main chapters. The first chapter is dedicated to situate forests in the global context and providing a detailed description of the Atlantic Rainforest's history, ecological features, geographical and demographical information and its potential contribution to emissions and removals of greenhouse gases. Considering the traditional trend of not valuing ecosystem services, this first chapter introduces the notion of economic incentives to promote forest conservation and regeneration policies highlighting existing market-based approaches. The goal is twofold: first, to compare the Atlantic forest's reality and characteristics with a worldwide deforestation trend; second to provide an understanding of the nature of existing carbon forest market schemes and how they operate.

Next, this study presents an overview of the evolution of the forest market-based approaches internationally. Since the CDM of the Kyoto Protocol is the dominant regulatory market influencing various trading schemes around the world, understanding how the international community overcame conflicting interests and technical obstacles to build consensus over such an economic incentive is crucial to identifying its practical implementation challenges. Subsequently, chapter four builds upon the analysis of the previous chapter by laying down the evolution of the CDM's legal and institutional framework. Being able to visualize the legal and institutional framework is critical to understanding the operational and bureaucratic bottlenecks of a CDM forestry project implementation process.

Having stressed down the Atlantic forest's main ecological and socio-economic features and constraints along with the implementation challenges of the dominant carbon forest market, the fifth chapter turns to examining current obstacles to, and impacts of, forestry activities specific to the Atlantic Rainforest biome. Then, this study provides a thorough analysis of the current command-and-control regime governing conservation and regeneration practices in the Atlantic forest. It examines the legal framework in light of the procedural rules of the regulatory market while assessing the maximization potentialities of both voluntary and regulatory carbon forest markets. Before a conclusion can be draw, the final chapter provides policy recommendations to overcome the identifiable obstacles to, and adverse impacts of, carbon forest markets in the Brazilian Atlantic Rainforest.

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Romulo Silveira da Rocha SampaioThe Climate Change-Sustainable Development Nexus: A Proposal for Convergencehttp://digitalcommons.pace.edu/lawdissertations/12
http://digitalcommons.pace.edu/lawdissertations/12Fri, 22 Nov 2013 12:18:26 PST
This thesis is founded on the proposition that climate change and sustainable development are inextricably linked with each other and form a “nexus” that should be understood in a pragmatic and holistic way. Accordingly, the climate change “problem” cannot be adequately addressed in “silos” or by traditional output control techniques but instead should be viewed as a multidimensional challenge that calls for transformative change in the world energy sector in light of the wider contexts of sustainability and social equity. This thesis observes that with the emergence of a post-2015 development agenda and Sustainable Development Goals (SDGs) at the United Nations, the world is at or is fast approaching an inflection point in global development. While efforts to improve the United Nations Framework Convention on Climate Change (UNFCCC) process are laudable, this thesis argues for a transformative approach to converge international collective action on climate change with the broader frameworks of global sustainable development processes. This thesis makes a proposal for the convergence and integration of the UNFCCC and sustainable development work streams, and suggests that China consider taking a leadership role under the broad aspirational goal of building “eco-civilization.”
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Alvin K. LeongIn the Name of God the Most Gracious the Most Mercifulhttp://digitalcommons.pace.edu/lawdissertations/11
http://digitalcommons.pace.edu/lawdissertations/11Tue, 17 Jul 2012 09:26:37 PDT
This thesis explains the Islamic law that applies the Quran and Sunnah as a constitution, and the concept of Rahma. It will emphasize this concept by explaining the rigid law of Hudod, then elaborating on Rahma.
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Saud Alhassan Saud Abdulaziz Al SaudThe Principle of Resiliencehttp://digitalcommons.pace.edu/lawdissertations/10
http://digitalcommons.pace.edu/lawdissertations/10Mon, 12 Dec 2011 08:35:53 PST
This article departs from the observation of accentuated degradation of ecosystems worldwide to stress the urgency in changing the patterns of occupation of the land, production, consumption and the ecological and ethical goals of environmental conservation. Aiming to achieve these ends, this article proposes the acknowledgement of the principle of resilience in international environmental law. The principle of resilience is articulated herein based on the concept of ecological resilience; the values of land ethic; and the existing principles of international environmental law. Later, the article explains how the principle can be applied to adaptive governance; adaptive management; environmental impact assessment; land use legislation; and market incentives for conservation. The article concludes that the principle of resilience is aimed at providing moral and ecological foundation for sustainable development and a green economy; to require judges, administrators and operators of law to consider the long-term consequences of their actions on nature and on future generations, thereby achieving better conservation patterns on a case by case basis; to enlighten legislators on how domestic environmental legislation can be improved; to impose an individual and societal moral obligation to respect and improve nature, and to live in harmony with it. Finally, the article proposes a legal framework for implementation of the principle in domestic and international environmental law.
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Lia Helena Monteiro de Lima DemangeThe Legal Roadmap for Environmental Sustainability in Africa: Expansive Participatory Rights and International Environmental Justicehttp://digitalcommons.pace.edu/lawdissertations/9
http://digitalcommons.pace.edu/lawdissertations/9Wed, 19 Oct 2011 11:23:22 PDT
The primary goal of this study is to strengthen the participatory environmental rights model in Principle 10 of the Rio Declaration on Environment and Development and similar regional provisions and to promote International Environmental Justice. The first part of the argument in this dissertation is that the three pillars of participatory environmental rights in Principle 10 of the Rio Declaration on Environment and Development and similar regional provisions need to be strengthened with a fourth environmental rights pillar in the form of a right of access to broad environmental education, which includes anti-corruption education, especially public sector corruption, in order for such participatory rights to contribute to environmental sustainability in developing countries in Africa. The second part of the argument in this dissertation is that a global environmental justice legal regime is required in order for developing countries in Africa to achieve environmental sustainability. This study is primarily a theoretical evaluation, and the rationale for this type of research is that this author considers that a law is only as effective as its weakest part. Therefore, inadequately developed laws will have limited effectiveness when implemented. The focus of this study is developing countries in Africa and Nigeria is used as the case study.
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Alali TamunoA New Environmental Order: Laying the Legal and Administrative Foundation for Global Environmental Governancehttp://digitalcommons.pace.edu/lawdissertations/8
http://digitalcommons.pace.edu/lawdissertations/8Fri, 19 Nov 2010 08:56:41 PST
This dissertation argues that global environmental governance can be strengthened by structuring legal and administrative mechanisms to meet the demands of the current world order. In particular, this dissertation provides a theoretical analysis of those legal and administrative mechanisms that can improve environmental governance in a globalizing world. However, since it is a theoretical analysis, this dissertation does not assert that the analysis in itself will simplify the process of strengthening the rule of law, resolve all environmental issues, or require every single environmental problem to be addressed through an international process. Rather, the objective of the analysis is to provide a theoretical understanding of legal and administrative alternatives which, in the context of globalization, would advance ongoing efforts to strengthen global environmental governance.
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Deepa BadrinarayanaPeace Parks for Mountain Forests: The Law and Policy of Transforming Conflict to Stewardshiphttp://digitalcommons.pace.edu/lawdissertations/7
http://digitalcommons.pace.edu/lawdissertations/7Fri, 17 Sep 2010 06:26:57 PDT
Peace parks provide a land ethic that transcends borders and seeks to stabilize tensions between bordering States, honoring the unity of biosphere systems in its efforts to achieve peace, conservation and cooperation. In theory, peace parks recognize that humans and the biosphere are one and that natural resources, just as cultural resources, must be collaboratively protected. In the cases of inhabited border regions, peace park principles of holistic conservation, cooperation and peace require that local communities be incorporated into park management. I posit that this is all the more true for frontier communities in regions of conflict, weak governance or political instability. This paper examines legal frameworks for instituting peace parks by local communities themselves, when action on the part of their governments is absent or counter-productive. In doing so, I will comparatively analyze transboundary protected areas in different regions of the world, extracting useful legal mechanisms that best reflect peace park principles. I focus this study on transboundary mountain regions because they demonstrate many valuable attributes, such as forests or watershed tributaries, and are oftentimes inhabited by marginalized communities. Degraded environments and disenfranchised peoples are particularly vulnerable to conflict and border strife (they are difficult to defend or reach), making such areas particularly interesting for a study on cross-border collaborative conservation.
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Elaine C. HsiaoSustainable Tourism and the Law: Coping with Climate Changehttp://digitalcommons.pace.edu/lawdissertations/6
http://digitalcommons.pace.edu/lawdissertations/6Thu, 19 Mar 2009 10:23:37 PDT
This dissertation addresses the critical relationship between the tourism sector and sustainable development, examining global trends and the problems they raise, exploring the current set of solutions being implemented, and offering some new ideas for better managing the relationship. Among these, the most important and comprehensive is the “Climate and Sustainable Tourism Model” a framework developed to encapsulate many of the issues explored in this dissertation and offering insights for policy makers seeking to develop better solutions. Moreover, this dissertation acknowledges the continuing importance of market-based solutions for harmonizing the development of the tourism sector with the demands of sustainability. Likewise, it offers the “Development Cycle Model for Sustainable Ecotourism” and the “Environmental Impact Assessment Model for Community-Based Ecotourism Development,” each of which diagrams complex dynamics that can offer better outcomes if understood and managed correctly. For a variety of reasons, this dissertation concludes by offering suggestions for how the Kingdom of Thailand and the Association of Southeast Asian Nations, which rely heavily on tourism, can adopt these innovative ideas and reap considerable rewards.
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Navamin Chatarayamontri[SJD Dissertation on Public Participation in South and North Korean Environmental Laws]http://digitalcommons.pace.edu/lawdissertations/5
http://digitalcommons.pace.edu/lawdissertations/5Wed, 10 Dec 2008 14:08:40 PST
The primary aim of this thesis is to explore public participation in the environmental decision-making process for potential benefits in developing Korean environmental laws. Public participation contributes to sustainable development through effective environmental management; in addition, it improves accountability and transparency in the decision-making processes of governmental agencies as a complementary measure of direct and participatory democracy. Therefore, public participation is crucial not only to environmental protection but also to the development of democracy—two major concerns of Korea in the new Millennium.
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Byungchun SoFairness and Equity in Climate Changehttp://digitalcommons.pace.edu/lawdissertations/4
http://digitalcommons.pace.edu/lawdissertations/4Thu, 18 Sep 2008 14:43:01 PDT
Questions of fairness and equity are central to the challenge of tackling global climate change. The complexity of the question arises from the global and long-term nature of the problem. At the same time, the impacts are localized and differentiated, so that states least able to respond are those that will be hardest hit. Policies and measures to abate – mitigate – greenhouse gas (GHG) emissions demand the decision-making under conditions of uncertainty and the commitment of resources beyond the time horizon of politics-as-usual. And while international environmental law has achieved notable successes, it has arguably not confronted a challenge with so many dimensions, including lifestyles, energy policies, and inequality in global community. Some analysts have argued that questions of fairness and equity are of secondary, largely rhetorical significance: willingness to pay is what matters.

Such views grow from a realist perspective on the relations between states and skepticism about international law. The argument presented in this thesis is that a fair distribution of benefits and burdens is at the heart of the matter. Individual and collective responses to the climate change problem are shaped and determined by social and political factors, as much as by technical and as scientific ones. Normative analysis has a role to play in analyzing the problem of climate change and identifying solutions. Within two decades emissions from developing countries of carbon dioxide, the most important greenhouse gas, will exceed the share from industrialized countries. The United States and countries argue that reduction measures therefore are only meaningful if developing countries are prepared to trim their emissions. In turn, developing countries look forward, contending that they ought not bear the burden of abatement at this critical stage in their development. They point also to the historical responsibility of the developed countries, invoking the polluter pays principle. Small islands and other particularly vulnerable developing countries seek to emphasize global solidarity and fairness when pressing claims for assistance to adapt to the adverse impacts of climate change. These are only some of the issues entwined in the debate on climate change, and which lead directly or indirectly to the question of fairness.

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Friedrich SoltauSustainable Energy Law in Latin Americahttp://digitalcommons.pace.edu/lawdissertations/3
http://digitalcommons.pace.edu/lawdissertations/3Fri, 04 Jan 2008 08:23:35 PST
This dissertation addresses legal issues at the intersection of energy and environmental law in Latin America. It is intended for legal and non–legal researchers, scholars and decision-makers in the Latin American region and worldwide, as a contribution to understanding the complexities and particularities involved at the nexus of energy and environmental law in the Latin American context. To achieve these goals, the study analyses the legal principles behind energy and environmental regulation in the region, compares specific energy and environmental laws in various countries of Latin America, and advances several theses as a result of the analysis.
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Victor M. TafurHead of State Criminal Responsibility for Environmental War Crimes: Case Study: The Arabian Gulf Armed Conflict 1990-1991http://digitalcommons.pace.edu/lawdissertations/2
http://digitalcommons.pace.edu/lawdissertations/2Fri, 04 Jan 2008 08:11:07 PST
This paper aims to provide a comparative study of the existing international criminal law framework and its relation to environmental protection during armed conflict. To approach this objective, the study will review the environmental crisis that occurred during the armed conflict in the Arabian Gulf in 1990-1991 as a case study for determining whether the international community adequately responds to these events.

Thus, this study is divided into five main parts. Part I assesses the justifications for a remedy, the criminal remedy, that is more adequate than the United Nations remedy taken toward Saddam Hussein’s actions against the environment, a civil remedy. Part II grapples with when the criminal remedy is warranted. Part III deals with the substantive aspects of international criminal prosecution. Part IV reviews procedural issues pertaining to international criminal prosecution. Part V examines the criminal remedy before interested national judicial bodies, the Kuwaiti and the Iraqi legal systems.

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Meshari K. EifanEnvironmental Law of Armed Conflicthttp://digitalcommons.pace.edu/lawdissertations/1
http://digitalcommons.pace.edu/lawdissertations/1Fri, 04 Jan 2008 08:06:30 PST
This thesis explains the law of the environment during armed conflicts in five parts. Part One, “General Background of Armed Conflict,” focuses on the nature of armed conflict, including international and national disputes, civil war, and the problem of applying international legal duties to internal belligerents, the impact of armed conflict on civilians, and the environmental impact of preparing for, engaging in, and recovering from armed conflict. Part Two, “Environmental Protection in International Humanitarian Law,” examines the definition of international humanitarian law (IHL), focusing particularly on the environmental protection provisions in the IHL and its current inadequacy as a tool to protect the natural environment. Part Three, “The Environmental Law Rules,” will examine relevant provisions of environmental law, and investigate environmental law rules relevant to armed conflicts in the national, comparative, and international levels. Part Four deals with “Enviro-Humanitarian Rules,” and explores the Articles of Armament Conventions, a main source of enviro-humanitarian rules. This section examines the deficiencies of those rules in the environmental protection framework. Part Five, “The Responsibility of Warfare Environmental Damage,” will examine the system of responsibility for environmental damage resulted from military activities in peacetime and in times of armed conflicts. This part explores two levels of responsibility in the international and internal systems. Part Six, “The Recommendations” in which some recommendations and proposals will be presented to better advance the environmental protection and to reduce warfare environmental damage. The recommendations are grouped according to the concerned party. Some recommendations are directed to the international community, others are directed to national societies and the last group of recommendation is directed to non-governmental organizations.
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Nada Al-Duaij